The Designation of Schools Having a Religious Character (Wales) Order 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, which comes into force on 15 December 2014, designates schools in Wales which have a religious character in accordance with section 69(3) of the School Standards and Framework Act 1998 (“the Act”).

This Order revokes and replaces the Designation of Schools Having a Religious Character (Wales) Order 2007 (S.I. 2007/972 (W. 88)).

This Order is made to reflect:—

(i) the closure of some schools listed in the Order made in 2007;

(ii) the change of category of some schools listed in the Order made in 2007; and

(iii) the opening of some schools.

Designation as a school which has a religious character is relevant for a number of purposes under the Act, notably:—

(a) as part of the mechanism for determining the form of religious education to be provided under Schedule 19 to the Act;

(b) as part of the mechanism for determining the form of collective worship to be provided under Schedule 20 to the Act;

(c) as part of the mechanism for determining school staffing matters under sections 58 to 60 of the Act;

(d) for the purposes of the determination of admission arrangements under section 89 of the Act; and

(e) for the purposes of the application of assets in respect of which a grant has been paid under Schedule 3 to the Act, so that conditions can be imposed requiring those assets to be applied for the benefit of schools of the same religion or religious denomination.

Designation as a school with a religious character will not be accepted as conclusive evidence that an endowment has been held or used, wholly or partly, in connection with the provisions at the school of religious education for the purposes of section 554(2) of the Education Act 1996. Section 554 enables appropriate authorities of any religious denomination or religion (but normally Church in Wales diocesan authorities) to make fresh provision for endowments held or used for the provision of religious education. This normally happens as a result of a school closing. In confirming eligibility for an endowment order, the trust deeds and supporting evidence would be considered.

Designation by this Order is not of itself a means of acquiring a religious character or of changing religious character. Designation is the recognition of certain existing attributes of the school or its governing body as described in the Religious Character of Schools (Designation Procedure) Regulations 1998 (S.I. 1998/2535). Under the Act a school must first close if it is to acquire a religious character, if it does not, as a question of fact, have one already, or where it is to change its religious character.

The only religion in accordance with those tenets religious education is required to be provided at a school under this Order is the Christian religion. The relevant religious denominations within Christianity are the Church in Wales and the Roman Catholic Church.

The designation, in this Order, of a school as a school whose relevant religion or religious denomination is Roman Catholic does not determine whether or not the school is a Roman Catholic Church school according to canon law.

The Welsh Ministers’ Code of Practice on the carrying out of a Regulatory Impact Assessment was considered in relation to this Order. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this Order.